Neutral Citation No. - 2025:AHC:80790 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16404 of 2025 Applicant :- Shivam Jain Opposite Party :- State of U.P. Counsel for Applicant :- Asif Hasan,Tufail Hasan Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed today on behalf of the applicant is taken on record. 2. Heard Sri Tufail Hasan, learned counsel for the applicant and Sri Rajeev Dhar Dwivedi, learned AGA for the State. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 130 of 2025, under Sections 103(1), 109(1), 61(2) B.N.S., Police Station Uttar, District Firozabad during pendency of the trial. 4. Learned counsel for the applicant submits, however, applicant is named in the FIR along with co-accused Santosh Kumar Jain @ Dev but there is no allegation that he caused either any injury to the deceased or to the injured and from the FIR and statements of injured witnesses, it reflects, role of causing knife injury has been assigned to co-accused Santosh Kumar Jain @ Dev and with the aid of Section 61(2) B.N.S. applicant has been made accused in the present matter. 5. He further submits, except the bald and verbal allegation of conspiracy, there is no cogent evidence against the applicant on record. 6. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 14.03.2025. 7. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. Considering the fact that there is no allegation that applicant either caused any injury to the deceased or to the injured person and even there is no cogent evidence of conspiracy against him on record and applicant is not having any criminal history and in the present matter he is in jail since 14.03.2025, in my view, applicant is entitled to be released on bail. 10. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 11. Let the applicant - Shivam Jain be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 12. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 13. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 15.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad